State Rests After Navigation and Medical Examiner Testimony
The state rested its case Monday on Day 6 of George Pino’s vessel homicide and manslaughter trial. Prosecutors called two final witnesses, Palm Beach Police Lt. Paul Alber and forensic pathologist Dr. David Garavan, before the defense asked the judge to throw out the case. The judge said she will rule on that motion Tuesday morning.
Lt. Paul Alber Testifies About Navigation Rules
The first witness of the day was Palm Beach Police Lt. Paul Alber.
The state questioned Alber about navigational rules, including navigation rule 5, which requires a proper lookout. The judge told jurors that a violation of navigation rules does not automatically constitute culpability or negligence.
The state introduced a flash drive containing photos, videos, and GPS analysis that Alber conducted in the case.
Jurors then saw GPS evidence connected to Pino’s boat. Alber testified about the channel where the crash happened, the vessel’s path, and the analysis he performed for the state.
GPS Evidence and Crash Recreation
Alber was commissioned by the state to create a report analyzing the collision between Pino’s boat and the channel marker. Prosecutors presented filmed recreations of the boat’s path and speed, with data showing the boat traveling 47 mph and accelerating before it hit the channel marker. Alber testified that the boat struck first on the starboard bow and left green marks, with scraping along the starboard side.
Prosecutors also asked about how the weight of 14 people on a 29-foot boat could affect the vessel’s speed. Alber testified that having that many people onboard would affect the boat’s ability to reach its top-rated speed.
Defense Questions Channel Marker Visibility
After lunch, the defense cross-examined Alber.
The defense showed him a photo of channel marker 15 that appeared to be obscured by another marker.
Alber said the photographer would have had to be in the middle of the channel to take that photo, and that it was not an accurate depiction of what an operator would have seen while traveling up the channel.
The defense also asked Alber about the boat’s systems. Alber testified that Pino’s boat did not have autopilot, but did have a system that could automatically generate the best route to a location.
At one point, the courtroom laughed after Alber, who is 6 feet 8 inches tall, stood next to Pino while the state asked whether Pino’s height affected his vision on the boat.
Medical Examiner Testifies About Lucy Fernandez’s Cause of Death
The state’s final witness was Dr. David Garavan, a forensic pathologist.
Before difficult images were shown, the judge told anyone who had issues seeing them that they could step outside.
Garavan testified that he had supervised hundreds of autopsies and conducted hundreds himself. He reviewed Lucy Fernandez’s autopsy reports, which had been completed by another doctor.
Garavan testified that toxicology screening showed Lucy did not test positive for drugs or alcohol.
As he described Lucy’s injuries, Garavan said her death was ruled a drowning. He also said she had been thrown from the boat and was possibly knocked unconscious.
State Rests, Defense Seeks Dismissal
After calling its final witnesses, the state rested its case.
Pino’s attorneys then asked Judge Marisa Tinkler Mendez to throw out the case, arguing the state had failed to meet its burden of proof. The judge said she would rule on the defense motion Tuesday morning.
Where Day 6 Leaves the Case
Day 6 closed the prosecution’s case with expert testimony about navigation, GPS evidence, the boat’s path, and Lucy Fernandez’s cause of death.
The state used Alber’s testimony to focus jurors on lookout rules, GPS analysis, and the path of the boat before impact. The defense used cross-examination to challenge the state’s reconstruction, including visibility of the marker and the accuracy of certain depictions.
With the state now resting, the next question is whether the judge allows the case to continue to the defense phase. Trial resumes Tuesday.